Twelve Horses Sent to Sanctuary for Interim Custody Following Illegal Racing Event in Mumbai, After PETA India Intervention

In recent court proceedings, the Hon’ble 50th Judicial Magistrate First Class (JMFC) Court in Vikhroli, Mumbai, granted a Maharashtra-based sanctuary interim custody of twelve horses following their use in illegal horse-cart racing on the Eastern Expressway as a result of PETA India’s intervention. The race was reportedly conducted on 3 December between 3 and 4 a.m. It commenced in Ghatkopar East and proceeded towards Vikhroli.

Following PETA India’s complaint, the Pant Nagar Police Station registered a suo moto first information report (FIR) under Sections 125, 281, and 291 of the Bharatiya Nayaya Sanhita, 2023, and Section 11(1) of the Prevention of Cruelty to Animals (PCA) Act, 1960, against the unidentified organisers, horse-cart drivers, and others involved. The CCTV cameras installed on the highway later identified the unidentified organisers and horse owners. PETA India collaborated with the police and ensured all twelve horses were seized. Subsequently, in compliance with the Prevention of Cruelty to Animals (Care and Maintenance of Case Property Animals) Rules, 2017, notified under the PCA Act, 1960, interim custody of the seized horses was granted to a Maharashtra based sanctuary.

PETA India pointed out in its complaint that under the Performing Animals (Registration) Rules, 2001, no animal can be legally used for training, exhibition, or performances without being registered with the Animal Welfare Board of India (AWBI). Spectacles such as animal races violate the PCA Act of 1960 and may violate the Transport of Animals Rules, 2001. In addition, PETA India referred to a 2016 Rajasthan High Court order that banned tonga races in the state following a study report submitted by the AWBI. The report highlighted that cruelty to horses is inherent when they’re forced to run on roads amid traffic conditions that are frightening and distressing for them.

Rule 3(b) of the Care and Maintenance of Case Property Animals Rules, 2017, empowers the Magistrate to grant custody of seized animals to an animal welfare organisation. There are judicial precedents of the Hon’ble Supreme Court, various High Courts and trial courts concerning interim custody of seized animals being vested with animal welfare organisations until the pendency of trial to avoid further abuse.